Henry VIII’s power to change laws will be invoked for Brexit
THERESA MAY will reveal plans within days for how a 500-year-old power from Henry VIII’s time will be used to regain Parliament’s sovereignty. understands that a White Paper on converting all EU law into UK law will be published when Brexit is triggered at the end of the month.
Central to the proposals will be so-called “Henry VIII clauses” which give ministers the ability to change laws that have already been passed by Parliament.
The provisions are so named from the Statute of Proclamations 1539 which gave King Henry VIII power to legislate by proclamation.
Ministers say it will allow them to update thousands of EU laws and directives – many of which refer to European bodies soon to become defunct – in time for Brexit in mid-2019.
However, the proposals have triggered outcry from political opponents who say it means that any legal changes will get less parliamentary scrutiny than usual.
Government sources have said proposals will be outlined in a document around 50 pages long, drafts of which are circulating in Whitehall. The White Paper is expected to be published when Article 50 is triggered by the end of the month.
The proposals, which will be put into law later this year through the Great Repeal Bill, will become the latest front in the parliamentary battle over Brexit.
“The provision of Henry VIII clauses will be in there,” said one senior Government source. “It will probably be one of the most controversial bits of the Bill.
“We would be converting EU law into British law for ever otherwise. It would literally be years and years.”
But Tom Brake, the Liberal Democrats’ foreign affairs spokesman, threatened to try to block legislation which proposes the use of Henry VIII clauses.
“The Government should know – we are putting them on notice – the government are playing with fire over the Great Repeal Bill. This Bill is the biggest power grab since the days of Henry VIII,” he said.
“The Liberal Democrats will not sit there and let the Government say all the right things while eroding vital rights and protections that make Britain what it is.”
David Davis, the Brexit Secretary, has previously defended the plans. He said at the Tory conference last year: “To ensure continuity, we will take a simple approach. EU law will be transposed into domestic law, wherever practical, on exit day.
“It will be for elected politicians here to make the changes to reflect the outcome of our negotiation and our exit.
“That is what people voted for: power and authority residing once again with the sovereign institutions of our own country.”